There were two separate tenancies of a shop and a kiosk in the same office building, granted consecutively by the same landlord to the same tenant. Each contained a covenant by the tenant to use the demised premises as a tobacconist’s shop only. The tenancies were assigned together to a company which went into creditor’s voluntary liquidation. The liquidator applied for consent to assign the tenancy of the kiosk alone to an assignee who wished to carry on the trade of tobacconist in it.
Held: The court upheld the refusal of consent. Even though the proposed use was permitted by the lease, the landlord’s reasons for refusal were reasonable, and were sufficiently related to the relationship of landlord and tenant under the lease. The proposed assignment would prejudice the chances of finding anyone prepared to take an assignment of the tenancy of the shop.
Judges:
Bennett J
Citations:
[1933] Ch 904
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 15 April 2022; Ref: scu.468827